Tag Archives: Burden of Proof

Karen’s Mom passed away very suddenly from a massive heart attack. Karen was the executor, personal representative and trustee. Combing the internet for resources to help, Karen didn’t find all that she needed so she created two checklists:

1) What to Do When Learning of the Passing of a Loved One

and

2) The Asset Map which helps you find the treasure in your business and personal life, map your assets, and prepare your family for financial freedom.

As Karen Mertes’ life hung in the balance after a tragic car accident caused by a drunk driver, she promised to spend the rest of her life helping others if she were to survive. Despite sustaining a traumatic brain injury, Karen Mertes is the founder and president of Fulfill Your Destiny, Inc., a 501(c)(3) non-profit dedicated to helping people whose careers have been altered by injury or other unforeseen circumstances. This book is to help other personal injury survivors contemplating litigation, or already involved in litigation. You should be able to navigate these troubled waters ever so slightly easier because of our experience and advice. We’re hopeful that plaintiffs’ attorneys will see the benefit of providing this book as a teaching tool to their clients so as a team you can win your case!

The reality is, it is extremely difficult for a plaintiff to prevail at trial. Your attorney will likely tell you, that, as a plaintiff, you have the burden of proving three elements in order for a jury to even consider awarding you damages. Think of it as a three-legged stool. If any one of the legs fail, the stool falls over and your case will most certainly fail. Those three elements are as follows:

Liability: The plaintiff must prove that the defendant was negligent or operated below a reasonable standard of care or otherwise committed wrongful behavior leading to plaintiff’s injuries.

Damages: Even once the plaintiff has proved the defendant was negligent, the plaintiff must also prove she has suffered injuries, damages or losses. For example, if a plaintiff were to say that a driver was negligently swerving all over the road and came within inches of striking the pedestrian plaintiff, there would rightfully be no case, because the plaintiff escaped injury and suffered no damages, despite the extreme negligence of the defendant.

Causation: Let’s assume you have proved liability and damages. Simply stated, causation is the link the plaintiff must prove connecting liability to damages. For example, if the plaintiff were to claim she suffered chronic back pain following an injury caused by the negligence of the defendant, but the plaintiff’s medical history indicated repeated complaints and treatment for chronic back pain before this incident, the defense would have a good argument that the plaintiff failed to meet her burden of proof regarding causation. This is not an automatic game loser for the plaintiff, but it does make her case more difficult for obvious reasons.

Brain injury is unpredictable in its consequences. Brain injury affects who we are, the way we think, act, and feel. It can change everything about us in a matter of seconds. The most important things to remember:
• A person with a brain injury is a person first
• No two brain injuries are exactly the same
• The effects of a brain injury are complex and vary greatly from person to person
• The effects of a brain injury depend on such factors as cause, location, and severity

A Healthy Brain
To understand what happens when the brain is injured, it is important to realize what a healthy brain is made of and what it does. The brain is enclosed inside the skull. The skull acts as a protective covering for the soft brain. The brain is made of neurons (nerve cells). The neurons form tracts that route throughout the brain. These nerve tracts carry messages to various parts of the brain. The brain uses these messages to perform functions. The functions include coordinating our body systems, such as breathing, heart rate, body temperature, and metabolism; thought processing; body movements; personality; behavior; and the senses, such as vision, hearing, taste, smell, and touch. Each part of the brain serves a specific function and links with other parts of the brain to form more complex functions. All parts of the brain need to be working well in order for the brain to work well. Even “minor” or “mild” injuries to the brain can significantly disrupt the brain’s ability to function.

An Injured Brain
When a brain injury occurs, the functions of the neurons, nerve tracts, or sections of the brain can be affected. If the neurons and nerve tracts are affected, they can be unable or have difficulty carrying the messages that tell the brain what to do. This can change the way a person thinks, acts, feels, and moves the body. Brain injury can also change the complex internal functions of the body, such as regulating body temperature; blood pressure; bowel and bladder control. These changes can be temporary or permanent. They may cause impairment or a complete inability to perform a function.

For those who are interested in owning Amazon’sBest Seller,“Plaintiff 101” as a valuable resource:

This unofficial holiday with unknown origins encourages people to be proactive about achieving what they want in life.

Dreams That Inspire

Karen Mertes suffered a TBI, traumatic brain injury, after a nearly fatal car accident due to a drunk driver. After her recovery and personal injury litigation, Karen co-authored her book, “Plaintiff 101.” Not only did she use her horrific experience to become an Amazon Best Seller, she gives all of her proceeds to her charity Fulfill Your Destiny to allow others to have their dreams of a better life come true.

Dreams that motivate us to do better encourages us to take on more challenges and energizes us to succeed in our lives, both professionally and personally.

How to Celebrate?

Get started on making your dream come true.

Talk to someone who inspires you.

Make an inspiration board with images and words relating to your dream.

Write down your dream, make a project plan, and create deadlines for you to work towards.